HomeMy WebLinkAboutEPIC LAND SOLUTIONS-2015INSURANCE NOT ON FILE
WORK mAY U -PHUGEED
CLERK OF COUNCIL
°
DATE: � f ~'1,/
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this 5`h
Solutions, Incorporated, (hereinafter "Consultant"), and the
corporation organized and existing under the Constitution
RECITALS
A- 2015 -161
day of August, 2015 by and between Epic Land
City of Santa Ana, a charter city and municipal
and laws of the State of California (hereinafter
A. The City desires to retain a consultant having special skill and knowledge in the field of
Acquisition and Relocation Services.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In -undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be perfomasd in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the
rates and charges identified in Exhibit B. The total sum to be expended under this Agreement
shall not exceed $300,000 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting ,procedures. Payment need not be made
for work which fails to meet the standards of performance set forth in the Recitals and Scope of
Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on August 5,
2018, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may
be extended upon a writing executed by the City Manager and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance
and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in
writing that City is granted a non - exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned,
hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
(i) Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled or
reduced in coverage or changed in any other material aspect, by consultant,
without thirty (30) days prior written notice to the City.
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured and is
in force and paid for, the City shall have the right, at the City's election, to forthwith terminate
this Agreement. Such termination shall not affect Consultant's right to be paid for its time and
materials expended prior to notification of termination. Consultant waives the right to receive
compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section I of this Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of
the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies
to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay
all costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of the terms of, or effects arising from this Agreement. City may make
all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the
foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above
indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in the work product or
documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under
this Agreement, Consultant shall maintain complete and accurate records with respect to the costs
incurred under this Agreement and any services, expenditures, and disbursements charged to the City for
a minimum period of three (3) years, or for any longer period required by law, from the date of final
payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all wont, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it sha11 not use or
disclose such information. except in the performance of this Agreement, and further agrees to exercise
the same degree of care; it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in
rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (c) is independently developed by the Consultant without reference to
information disclosed by the City.
IL CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified in Certifications,
Exhibit C, attached hereto and incorporated in this Agreement by reference,
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
With courtesy copies to:
To Consultant:
Fred Mousavipour,
Executive. Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647 -5654
Epic Land Solutions, Inc.
James L. Overcamp, Jr., SR/WA, Vice President
2601 Airport Drive, Suite 115
Torrance, CA 90505
iimovercani-o@epicland.com
310 - 626 -4848 (Office)
310 - 891 -3348 (Fax)
Jose Sandoval
Assistant City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714 -647 -6515
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the
terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall. be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant
consents to the City's use thereof for such putposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the. standard of performance
specified in the Recitals of this Agreement.
16. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit
C, attached hereto and incorporated in this Agreement by reference.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies, Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached
hereto and incorporated into this Agreement by reference.
b. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held
by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Jose doval
Assistant City Attorney
Public Works Agency
CITY OF SANTA ANA ,
Davi Cavazos
City Manager
CONSULTANT:
1
N,
;s L. Overcamp, Jr., Vice President
ID #95- 4813025
EXHIBIT A
SCOPE OF SERVICES
Epic Land Solutions, Inc.I'`
epic: adj. 1.8urpassing the usual or ordinary, particu•
larly in scope or size; 2,Herole and impressive in quality
(The American Heritage Dictionary of the English Lan-
guage, 3rd Edition: Houghton Mifflin Company, 1996)
vdavw.epicland.conn
CITY OF SANTA ANA
Santa Ana Public Works Agency
20 Civic Center Plaza; 3rd Floor Reception, Ross Annex
Santa Ana, CA 92701
Attn: Kenny Nguyen, Project Manager
2601 Airport Dr.
3850 Vine St.
3517 Camino Del Rio S.
Suite 115
Suite 200
Suite 404
Torrance, CA 90505
Riverside, CA 92507
San Diego, CA 92108
Phone: 310 626,4848
Phone: 951,321.1800
Phone: 619.822 2763
Fax: 310.89' 1 334
Fax 951 321A836
Fax. 619.574 2667
10300 SW Greenhurg Rd.
1410 N. Mullan Rd
2103 Harrison Ave NW
Suite 370
Suite 110
Suite 2 -621
Podand, OR 97223
Spokane, WA 99206
Olympia, WA 98502
Phone. 877.321.3201
Phone: 677.32- 1.3201
Phone - 877.321.3201
Fax: 503.244.0267
Fax 509.777.1112
Epic Land Solutions, Inc.01°`
2601 Airport Drive, Suite 115
Torrance, CA 90505
Phone: 310 - 626 -4848
Fax: 310 - 891 -3348
June 10, 2015
City of Santa Ana
Attn.: Kenny Nguyen
Public Works Agency
20 Civic Center Plaza; 31d Floor, Ross Annex
Santa Ana, CA 92701
RE: Proposal Responding to RFP #15 -044: On -Call Right of Way Specialty Services for the City
of Santa Ana, Specialty Area A4: Acquisition/ Relocation Services
Dear Mr. Nguyen:
Epic Land Solutions, Inc. is pleased to respond to the RFP for Acquisition, Relocation, and
Property Management Services. Epic is a prime consultant that will enter into a contract with the
City of Santa Ana. For more than 14 years, Epic has been providing exemplary right of way and
property management services to many of Southern California's government and quasi -
governmental agencies — many in Orange County.
We are honored to propose in response to this opportunity with Ron Wicks, PMP, SR/WA,
R/W -NAC, R/W -RAC as our proposed Project Manager.
Epic takes very seriously the responsibility of representing the City of Santa Ana and will always
strive to advance the economic, legal and relationship interest of the City to the best of our
ability, all within the regulatory framework governing our industry.
If you should have questions or comments about this proposal, please do not hesitate to contact
us. By signing this cover letter, I am attesting that all information submitted with the proposal is
true and correct.
Sincerely,
10
Ja es L. Overcamp, Jr., SR /WA
Vice President
CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD
www, Ep!cLand.com
reement Statement
Epic concurs with all the provisions as contained in the sample agreement attached as
Attachment 2, in the Appendix of this RFP.
c. Understanding of Need — Right of Way Acquisition /Relocation Services
Epic's Project Manager Ron Wicks, PMP, SRIWA, R/W -NAC, R/W -RAC, is prepared to meet
the needs of the City's Right of Way Acquisition /Relocation as specified in the RFP and
addendum. Epic will ensure all work will be performed in accordance with the public agency's
policies and procedures and federal, state and local regulations. Ron Wicks will manage and
oversee the following tasks:
uisition Services:
Consultant shall be Responsible for: "Good faith negotiations" with property owners for the
purchase of right- of -way based on values established in the reviewed and approved appraisals;
adherence to all professional standards and the Caltrans Right -of -Way Manual and all
applicable laws and regulations; preparation of all written correspondence, applicable forms and
City's standard purchase agreement; coordination with City staff; performance of notary
services related to the signing of acquisition documents; escrow coordination with Agency's
selected title company; completion of final close -out work per Caltrans requirements; and
maintenance of all acquisition files including acquisition diaries.
Acquisition Consultant Responsibilities under the Uniform Act:
• Ensure establishment of just compensation by local agency prior to initiation of negotiations.
• Expeditious acquisition within 30 days of approved appraisal.
• First Written Offer should be presented in person when possible.
• Caltrans requires that a copy of the appraisal report shall be provided to the owner with the
First Written Offer; a Summary Statement (basis for the appraisal) is optional in this case.
• Owner to be given reasonable time to consider City's offer and present material relevant to
value determination (i.e., 30 days and a minimum of 3 contacts).
• Payment is required before taking possession unless date of possession clause is used in
contract.
• Agency is responsible for payment of all incidental expenses (title, escrow, surveys,
prepayment penalties).
• Preparation of Administrative Settlements when it is reasonable and in the public interest.
• Diary entries including confirmation of delivering Title VI information.
Acquisition tasks shall include but not limited to:
Meeting with City staff to discuss assignments and procedures.
Perform the services required by the City with qualified personnel, equipment, materials,
supplies, and management and administration services.
All personnel and subcontractors, referred to as "Approved Personnel ", shall be approved by
City, prior to providing services. There shall be no changes in the Approved Personnel
without written concurrence of the City.
• Prepare and maintain a schedule of major activities and milestones and provide an estimate
of the cost to conduct proposed assignments including assignments to subcontractors. Upon
City's written approval of the estimated cost, initiate the assignment in a timely manner.
• Present strategies for negotiating successfully and reach agreements with Property Owners
and their representatives and to close the acquisition Process.
• Be responsible for the accuracy of work and promptly make all necessary revisions or
corrections resulting from errors and omissions by Approved Personnel.
• As deemed necessary by the City, meet with the City and other staff as requested.
• Monitor and maintain all files to ensure overall project integrity.
Prepare and assemble the "Offer Package" using the format approved by the City.
• Prepare and maintain a file for those properties assigned for acquisition by the City.
• Present written purchase offers to property owners as directed by staff.
• Negotiate effectively with property owners, or businesses, tenants (or their appointed
representatives) to successfully obtain an agreement for the purchase and sale transaction.
• Supplement negotiations by obtaining and reviewing counter offers or demands from
property owners, recommendations for settlements, coordinating with the agency to review
and discuss all possible solutions and problems, including condemnation.
• Prepare all acquisition agreements, deeds and other documents necessary to complete the
acquisition.
• Obtain reconveyance and subordination agreements as necessary.
• Maintain an accurate and current record of all- pertinent information and contacts concerning
the property owners and tenants.
• Assist City in condemnation support activities.
Epic will provide to the City with the original acquisition files as well as an electronic copy of all
properties acquired at the conclusion of the right -of -way process. The original acquisition files
will be organized in one folder for each property acquired and the electronic copy shall be
organized in the format consistent with the City's file name and folder structure.
Acquisition
Charles Jones, II will manage Epic's team of agents assigned to work with property owners
impacted by any project pursued by the City. The amount of Just Compensation, as determined
by the City, will serve as the basis for the written offer to the property owner. Epic's agents will
prepare offer letters and lists of compensable items of facilities and equipment. After undergoing
a quality control review, written offers will then be presented to the appropriate owners or their
authorized representatives in person. Immediately upon initiating the negotiation process, Epic's
agents will establish a positive rapport, trust and a reliable working relationship with the property
owner in order to create an atmosphere in which successful negotiations can be conducted. The
property owner will be given a detailed explanation of the property interest being acquired and
the proposed design and construction details as it affects the property. Epic will assign one
agent as the primary point of contact for each property owner. Epic will advise regarding the
acquisition process and the construction (timing, phasing, type, etc.).
Early in the process, Epic will also ascertain if owners have tenants leasing their property. It is
beneficial for the right of way team to be involved in the design /build process with the design
and construction team. Prior to meeting with the property owner or tenant, Epic identifies
concerns and discusses those with the design engineer. Some steps Epic might take to
minimize impact and help address some of the concerns related to construction include:
Ell
Review the construction plans with the owner and tenants; reviewing those plans with
property owners or tenants can alleviate their fears
Document conditions agreed to with the property owner /tenant in both the agreement
language and the special provisions for bid purposes. There is a balance between
minimizing impacts to properties and restricting the contractors in such a way that the
project becomes more expensive. Epic works closely with the client, the design engineer
and the impacted property owner /tenants to determine which concessions can be made
without adversely impacting the project construction
Work with the construction team to develop alternate methods of construction with less
impact on business owners, such as working nights and weekends
Construction on a large transportation improvement project can last several years. The impacts
to the property owners /businesses during that period are significant and include: maintaining
utility connections, road closures, safety, noise, vibrations and dust, limited access, loss of
parking, and loss of visibility. Epic is committed to obtaining a fair settlement between the City
and each property owner, and striving for a Purchase and Sale Agreement in each transaction
that leads to recorded property rights. Sometimes the design, construction or valuation issues
are difficult to settle on time. Epic has been successful in utilizing Possession and Use
Agreements that allow for additional prescribed time to negotiate valuation further. Pursuing this
option enables the City to achieve a right to possession recognized by Caltrans as suitable for
construction and also provides the property owner with an alternative to litigation.
When Condemnation Happens
It is Epic's ultimate goal to establish a fair settlement between the City and the property owner;
however sometimes it is necessary to resolve valuation or design differences in court. If
negotiations are unsuccessful, Epic's agents will prepare summary memos outlining efforts
made and the reason(s) for impasse. Epic will send an impasse letter to the property owner(s)
and begin eminent domain tasks, including preparation of litigation briefings, recommendations
and court testimony as needed. Since the laws for eminent domain have changed, getting
orders of possession has become a lengthier and more complex process. For properties that do
need to go. through eminent domain, Epic will take extensive pictures prior to construction. This
protects the agency from exaggerated claims based upon unverifiable accounts of before -
construction conditions. Further, the construction sometimes moves forward so quickly that
often the owner's attorney and /or experts are not able to see the property in the before
condition. After filing the court case, Epic will continue the discussions that were initiated prior to
filing.
Relocation Services
Consultant shall provide a complete relocation assistance program to comply with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title
25, California Code of Regulations, its amendments, and other pertinent laws and regulations.
Prepare Relocation Plans, Relocation Guidelines, relocation cost estimates, project area
surveys and other specialized reports.
Epic will provide the City with relocation services that include, but are not limited to the
following:
General Relocation Services:
• Provide relocation advisory services
• Meet personally with each displaces to ascertain the nature and scope of relocation
assistance required, to inform the displacees of their rights, and to explain the relocation
process
• Prepare a weekly status report of relocation cases to be submitted to the City
• Document and log all contacts and activities
• Prepare and distribute informational brochures and other required notices
• Determine each displacee's eligibility for relocation; prepare an estimated timeline and
benefits.
• Prepare "Relocation Package" in accordance with City approved format
• Conduct appropriate searches for relocation replacement sites and provide relocation site
referrals to displacees.
• Obtain Moving bids and prepare estimate of benefits
Residential Relocation Services shall include but not limited to:
• Prepare Residential relocation claims and submit to the City for approval and payment
• Personally inspect replacement dwellings and /or buildings and sites to determine if they
meet decent, safe and sanitary regulatory requirements
• Coordinate the move with displacee
• Prepare certification of abandonment and submit to the City
Business Relocation Services shall include but not limited to:
• Coordinate with FF &E appraiser to prepare an Inventory of Personal Property
• Coordinate with Real Estate appraiser to ensure there's no duplication of benefits
• Coordinate with Business Goodwill appraiser and provide necessary assistance
• Determine eligibility for In -Lieu payment
• Prepare cost construction cost estimates to determine reasonable relocation benefits of
replacement properties
• Determine actual and reasonable search expenses
• Arrange for a final walk- through inspection of the property with displacee
• Coordinate and monitor the move to ensure City purchased items are not part of the move.
• Prepare final claim, certification of abandonment and submit to the City
Construction and moving bid services shall include:
Movers:
• Conduct on site inventory and photos
• Complete certified inventory and mover instruction form
• Schedule and coordinate bids
• Attend site inspection, if necessary
• Review and compare bids
0
Contractors:
• Verify licensing
• Prepare mover instruction form
• Schedule and coordinate bids
• Attend site inspection, if necessary
• Review and compare bids
• Evaluate for eligibility
Relocation Plan
Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law,
State HCD Guidelines, the Relocation Assistance and Real Property Acquisition Rules and
Regulations of the Agency. The purpose of this Relocation Plan is to provide the City with
summary and statistical information regarding the impact of a project to potential displaced
people. Specifically, this report shall identify potential impacts that may occur as a result of the
demolition of existing structures, proposed displacement of occupants, and a plan to mitigate
respective impacts.
The Relocation Plan shall include:
• Description of the proposed project and project location;
• Assessment of needs;
• Replacement housing resources;
• Residential and commercial displacements;
• Temporary housing (if applicable);
• Program assurances and standards;
• Relocation assistance program;
• Citizen participation and plan review period;
• Description of relocation benefits;
• Eviction policies and procedures;
• Appeals and grievance procedures;
• Displacement schedule;
• Estimated relocation costs.
Relocation Assistance
Relocation Agents, Jesse Ortiz and Kathy Cabanilla, will ensure that Epic's relocation efforts
conform to all Caltrans and Uniform Act regulations. The development of a relocation plan will
immediately become a critical component to identify all potential problem areas and minimize
adverse impacts of displacement. Epic's agents will start by conducting initial interviews of all
impacted residences and businesses and analyzing possible relocation options and costs,
verifying the feasibility of moving forward with the anticipated relocations. In addition, Epic will
consider any special relocation advisory services that may be necessary for the displaced
persons. The Relocation Plan will include the following:
• Diagram or sketch of the project area
• Projected dates of displacement
• Written analysis of the relocation needs of all persons to be displaced and how these needs
will be met
• A detailed description of the relocation advisory services program
Notices are one of the most important parts of a relocation program. Providing notices to
affected persons and businesses in a timely manner can save municipal funds, save the
affected persons from unnecessary hardship and in some cases, minimize displacement.
Relocation notices include, but are not limited to: General Information Notice, Notice of
Relocation Eligibility, 90 -day Information Notice, and 30 -Day Notice to Vacate.
Epic will assign a relocation agent to each displaced person. This agent will contact the
displaces as soon as possible to establish a line of communication and provide for the seamless
relocation of that household or business. Some of the questions that will be addressed at the
initial Interview with residential displacees will include: number, gender and age of all occupants,
household income, distance to employment, utilization of neighborhood services including public
transportation and any other special needs that the displaces may have. Some of the questions
that will be addressed at the initial interview with displaced businesses will include: number of
employees at the location, special moving requirements, special licensing or zoning needs and
permits needed to resume business.
Epic's relocation agent will personally explain the relocation assistance program and eligibility
requirements for relocation payments. This will also include referrals to, and coordination with
community resources available, as well as public housing and other public services. In addition,
Epic will explain the Relocation Assistance Appeal process to each displacee. In the event that
the displacee does not speak English, Epic will arrange for translation. Epic has numerous
Spanish speaking agents and can support several other languages in -house as well.
Replacement housing valuation reports will be prepared by a person other than the designated
relocation assistance agent for the displaced person. All subject and comparable dwellings will
be field reviewed and any special or unique interior features noted. The valuation reports will
contain photographs of all dwelling units described in the reports. The entitlement letters will be
prepared based on this information and submitted to the City for review and approval.
Epic will research the marketplace for available replacement locations. After the market data
has been obtained, Epic will compile a listing of available housing and /or replacement business
sites. Some criteria used by Epic in determining comparable replacements include whether sites
are: functionally equivalent; adequate in size to accommodate the displaced persons; not
subject to unreasonable adverse environmental conditions; located in similar proximity to public
services and employment; located on a site typical in size; currently available on the open
market to the displaced person, and within the financial means of the displaced person. Part of
Epic's function as the relocation consultant is to inspect replacement dwellings to determine if
they meet decent, safe and sanitary replacement housing standards as required by health and
safety codes. For most displaced persons, relocation advisory services are as important, if not
more so, than the financial aspects of the relocation. Epic is willing to provide any additional
relocation advisory services as may be deemed necessary to minimize hardship and provide
that all persons displaced by the public project shall receive fair, uniform and equitable
treatment. This includes transportation to view replacement sites, if necessary..
Epic will determine eligibility for and proposed amounts of relocation benefits, including
replacement housing payments, rental or down payment assistance and moving expenses for
residential relocations. For businesses, Epic will review and recommend payments for
reasonable moving and related expenses as well as reestablishment expenses. For displaced
persons, the paperwork process can be confusing and overwhelming. Epic understands this and
prepares all applicable benefit claim forms, explains them in depth to the displaced person,
obtains the claimant's signatures on the forms and then submits the claim forms for processing
payment. Epic's agents will conduct all relocation efforts in accordance with the City's right of
way policies and procedures manual. Epic's approach to commercial relocations emphasizes
preventing or mitigating possible goodwill claims by providing high quality referrals and actively
soliciting feedback from the business owner.
Prouertv Ma
Overall Property Management Services will be handled by Karen Starr CPM ®, RIW -AMC,
SR/WA. Epic's property management staff has years of experience and business relationships
with general contractors and construction managers to handle all emergency repairs. Our
relationships with a variety of vendors include environmental assessment and remediation firms,
demolition and site clearance firms, architecture and construction firms to provide curative work,
electricians, plumbers, roofers, carpenters, and general handymen. Upon receiving the survey
report, a scope of work will be prepared for the performance of the abatement, handling and
disposal of the discovered hazardous materials. The scope of work will then be utilized in
obtaining bids from qualified asbestos and lead abatement/demolition contractors. The
demolition coordination tasks include the following:
• Preparing written notices to utility companies to request the removal of all meters and
lines affected by the demolition work
• Preparing a scope of work for the performance of demolition
• Pre -bid job walks
• Reviewing and analyzing submitted bids to ensure the selection of the lowest, qualified
bidder
• Using CAL /OSHA certified and licensed contractors
• Reviewing that all required documentation and notifications (including all required
permits) are completed prior to the commencement of the activities
• Verifying disconnection of utilities and that area is secure
• Job site inspections to verify that contractor is following all guidelines and precautionary
measures to prevent the discharge of pollutants into storm drains, keeping the site clean
and free of rubbish and debris and that water is being used to suppress dust
• Ensuring that contractor abides by all safety and precautionary measures detailed in the
scope of work, e.g. installing temporary chain link fencing, pedestrian canopies, and
caution signage
• Conducting final inspection
• Preparing and distributing close -out file information to the City, including copies of all
permits and manifests
Special Issues and Innovations
The following section further describes the strategies comprising Epic's innovative solutions to
guarantee a project's success.
Planning: Upon receiving a "Notice to Proceed" from the City, Project Manager Ron Wicks will
schedule a kick -off meeting with the City, where he will introduce the entire project team, review
project assignments and establish lines of communication, procedures and protocols. The
meeting will also review project scope, begin the initial discussions on the acquisition and
relocation plans and the quality control plan, review schedule and budget, discuss anticipated
project issues and identify the project's critical paths.
Quality Control: All documents prepared by Epic will be reviewed by at least one other
experienced agent before submission to the City. Wicks will review all project reports. Electronic
9
access to Epic's progress can be provided to the City for real -time visibility into project progress.
Epic will review the entire work product for compliance using approved check -off sheets for
each functional area. Each file will have a review checklist attached to the file prior to close out
and delivery to the client.
Agents - All agents working on a project are to self- inspect their own documents and coordinate
at least one additional peer review. If the agent is the creator, they are to provide a QC
Checklist with their name and date leaving a space for the reviewers to initial. Review of the
agent's work, regardless of position or title, shall not in any way, abdicate the responsibility of
the originator of the product to perform within the standards of the industry.
Each document created will have a corresponding QC Checklist attached and it will be included
in the file or sent to the client for quality control assurance.
Document Storage and Version Control - Epic utilizes the latest technology and management
systems to facilitate the protection and transmittal of critical project information. Project
Managers store all documents in protected file structures within our fully integrated SharePoint
database system, which allows for controlled access requirements, selective editing abilities and
document version tracking. SharePoint is stored on Microsoft cloud -based server farms which
allow for near 100% up -time accessibility, built -in backups, and hardware redundancies.
Epic has full -time staff dedicated to document control and the development/maintenance of
Epic's SharePoint system. SharePoint automatically conducts comprehensive version control
and modification tracking. Each change to any project document is tracked and can be rolled
backed, if necessary. In addition, SharePoint allows for visibility into the specific staff person
that made specific changes, as well as simultaneous document change collision management.
Budget - Determining a budget on right of way and property management projects can be
challenging given the number of factors that may not be apparent when performing the
estimation. For example, although the designer, right of way team and appraiser may make
certain assumptions about how a property's access or parking are impacted by the project, the
property or business owner may have additional information that is not available through public
moans. At each decision point, Epic will provide the City with options, including benefits, risks
and costs for the City's ultimate decision.
Schedule - Epic will create a schedule which contains all key deadlines and ensures individual
steps can be completed to meet each deadlines. The schedule will start with the City's schedule
and the detailed steps reflect internal knowledge of timeframes and sequence. Activities which
require concurrence will be identified, as well as those required predecessors. Epic's team will
meet regularly throughout the project to verify the schedule and ensure target dates are
feasible. Epic's disciplined program management system includes frequent project schedule
monitoring. This identifies any schedule impacts and allows for time - critical issues to be
addressed immediately, circumventing costly delays in the project. Additionally, Epic will
generate a project budget to reflect all anticipated costs. Updates will also be provided to the
City on a regular basis.
m>
Status Reporting - Epic will actively manage several areas of risk from project start. Some
issues to consider may be valuation issues, schedule, survey and right of way engineering,
utility communications and environmental assessments. Epic will prepare written status reports
at the client's request, whether weekly, biweekly or monthly. Statuses include milestones
reached and parcel diary text for each case, as well as project plan updates. Epic's reports
strive for "at -a- glance" information that immediately conveys case progress and highlights key
10
2. Scope of Services and Schedule
RFP No. 15 -044 On -Call Right of Way Specialty Services
A -4- Acquisition /Relocation Services
Schedule
Schedule is subject to change due to number of parcels.
Acquisition -This calculation is based on up to 10 parcels.
Relocation -This calculation is based on up to 10 displacees.
Attachments
All requested attachments are included in the following pages.
W"
Tasks Duration
Kick -o Meeting ay
Acquisition Services
Review Tlile Reports
Days
Review Appraisal Reports
Just Compensation Established
jDays
1 Day
Just Compensation Approval b the City
Prepare Offer Package
10 Days
Offer Package Quality Control Review
Present Offers
5 Days
Negotiate
30 Days
0 en /Close Escrow
45 Days
File Closure and Delive
5 Days
Relocation Services
Commercial
Relocation Plan
3 Days
Prepare File and GIN /NOE Notice
2 DRYS
Initial Meeting with Dis lacees
14 Days
Search for Replacement Sites and Present Referrals
30 Da s
90-Day Notice
1 Da
30-Day Notice
1 Da
Certificate of Vacancy
10 Days
Process Claims
6 Months
File Closure and Delivery
5 Days
Residentta
Relocation Plan
3 Dave
Prepare GIN
2 Days
Initial Meeting with Dis lacees
14 Days
Pre are NOE
5 Days
Deliver NOE
10 Days
Search for Replacement Sites and Present Referrals
30 Days
Perform Decent Safe; and Sanita Ins ecton
10 Days
90-DRy Notice
1 Da
30-Day Notice
1 Da
Certificate of Vacancy
10 Da s
Process Claims
6 Months
File Closure and Delivery
5 Days
Condemnation Support
Order Litigation Guarantees
5 Days
Impasse Letters
3 Da s
Property Management
Day-to-Day ana ement (begins t e irst closed escrav) 10075ays
Schedule is subject to change due to number of parcels.
Acquisition -This calculation is based on up to 10 parcels.
Relocation -This calculation is based on up to 10 displacees.
Attachments
All requested attachments are included in the following pages.
W"
lawlso 11 001 Is *9
FEE PROPOSAL
RXHIBITIO -H
Specific Rate of Compensation f Use for On-Call or AS-Needed Contracts)
Ccnsu pant or SUbconsultant: EPIC LAND SOLUTIONS, INC. Contract No, RFP #15- 044 -(A4)
Fringe Benefit% + Overhead 9/ + General Administration% _
50,79% 69,98% 45.79%
FILLING INFORMATION CALCULATION INFORMATION
Date: 6/812015
Combined Indirect Cost Rate (ICR) %
166,56%
FEE % - 10%
Name /Job Title /Classification
Hourly Billing Rates
Straight OT(1.Sx) OT(2x)
Effective Date of
Hourly Rate
From To
%
or $
Increase
Hourly Range -
for classifications only
;ALIWHourly
$155,05
N A
9 1/2015
31/2016
0%
N/A
159.70
N A
N A
9 1 2016
8/31/2017
3%
N/A
164,50
N/A
N/A
9 1/2017
8 31 2018
3%
/A
$169.43
N A
N A
9/I 2018
8 37. 2019
3%
,. N/A
$174.51
N/A
N/A
911 /2019
8/3112024
59,52
3%
N/A
Karen Starr, Certified Property Manager
$155.05
N/A
N/A
2/17/2015
2 16 1 12 016
-- 8_ _
0%
N/A
$159.70
N/A
N/A
2/171201
2/16/2017
$54.47
3%
N/A
164,50
N/A
N/A
2/17/2017
2/16/2018
$56.10
3%
N/A
-�
$169.43
N/A
N/A
2/17/2018
2/16/201
$57,78
3%
N/A
174.51
VA
N/A
2/17/2019
2/'16/20
$59.52
3%
N A
__N
Charles Jones Sr. Acquisition A ent
$135,03
N/A
N/A
2 17 2015
2 16/201
_
0%
N/A
$139.08
N/A
N/A
2/17/201
2/16/201
47.43
3%
N/A
$143,25
N/A
N/A
2 172017
2/16/2018
$48.85
3%
N/A
$147.55
N/A
N/A
_ 2/17 2018
2/16/2019
$50,32
3%
N/A
. 151.97
NIA
N A
2/17/2019
2/1612020
$51.83
3%
N/A
Eva Poliui ROW Analyst
72.(36
N/A
N/A
2/17/201
7/16 2016
0%
N/A
74.78
N/A
N/A
2/17/201
2/16/2017
25.SD
3%
N/A
$77,02
N/A
N/A
2/17/201
2/16/2018
26.27
3%
N/A
$79,33
N/A
N/A
2/17/201
2/16/2019
27.06
3%
N/A
$$1,71
N/A
WA
2117/201
2/16/2020
$27.87
3%
N/A
Kathy Cabantlla, Relocation Agent
$81,75
NA
N/A
2/17/Z015
216201fi
0%
NIA
$84,20
NIA
H/A
2/17/201
2116/2017
$28.72
3%
N/A
_�-
86,73
N/A
N/A
2/17/2,01
2018 2018
$29.58
3%
N/A
$89.33
N/A
N/A
17 2018
2/16 2019
$30,47
3%
N/A
$92.01
NIA
N/A
Z/1-1/20191
2/1612020
$31.38
3%
NIA
Jesse Ortiz Relocation Agent
82.69
N/A
N/A
2/17/2015
2/16/2016
0%
N A
85_17
N/A
N/A
2/17/2016
2/16/2017
.$29,05
3%
N/A
$87,72
N/A
N/A
2/171201
2/161201.
.7-9.92
3%
$90.35
N/A
N/A
2/17/2018
2/16/2,019
30.81
3%
N/A
93.06
N/A
N/A
2/17/2019
2/1.6/202 0
31.74
3%
N/A
Marta Martinez Pro ect Sup ort
$80.63
N/A
N/A
2/17L201 5
2(16,72016
- -
0%
N/A
$83.05
NIA
N/A
2 17/2016
2/16/2017
$78.33
3%
N/A
$85.55
N/A
N/A
2/17/2017
2116/2018
$29.17
3%
N/A
$88.11
_ VA
NIA
2/17/2018
2/16/20
30.05
3%
N/A
90.75
__N
N/A
NIA
2/17/2019
2/1§1202 0
$30.95
3%
N/A
Maria Perez, Ad min
$30.79
N/A
N/A
2127/201
2/16 2016
0%
N/A
$31.71
N/A
N A
2(17/2016
2116/2017
$10.82
3%
N/A
$32.66
N/A
AW
2%17/2017
2/1612018
$11.14
3%
N/A
33.64
__j VA
__N VA
2/17/2018
2/16/201
$7,1.47
3%
N/A
$34,65
N A
N/A
2/17/2019
2 16 2020
$11.82
3%
N A
Bryon Johnson Armin _
48,38
N/A I
N/A
2117/20
2/16/2016
-
0%
N/A
$49,83
N/A
N/A .
2/17/2016
2 16 201
$17.01
3%
N/A
$51,33
NIA
NNJA
2/27/20
2 16/2018
$17.50
3%
N/A
$5187
N/A
N/A
2/171201
2/161201
$18.03
3%
N/A
$54.45
NIA
N/A
2/17/201
2/16IZ020
$18.57
3%
N/A
Michele Wachtfn el Contract Administration
$90.22
_N VA
N/A
2/17/2015
2/16/2016
0%
N/A
92,93
N A
N/A
2/17/2016
2(16/2017
$31,69
3%
N/A
95.72
N/A
NIA
2(12017
2/16/2018
$32.64 _
3%
N/A
$98.59
N A
N A
17 201$
2/1612019
$33.62
39
N/A
$101.55
"/A
w N/A
17/2019
2/16/2020
$34.63
3%
N/A
Juliet Cartolano Bud q Financial Controls
$91.63
N/A
N/A
2(17(2015
2/16201b
_. _ _
0%
NA
$9433
N/A
_
NIA
2/171201
2/16/2017
$32,19
3%
N/A
$97.21
N/A
N/A
2 S7 2017
2/161201
33.15
3%
N/A
$100.13
LA
NIA
2117/201
2/16/201
$34.15
BY
N/A
$103,13
_,V
N A
N/A
2117/201
2/16/2020
$35.17
3%
N/A
EXHIBIT C
CERTIFICATIONS
(A4) Acquisition /Relocation
APPENDIX
ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL RIGHT OF WAY SPECIALTY SERVICES
RFP NO.: 15 -044
NON - COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid
is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or
solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, comiived or
agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has
not in any marmer, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other
BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false
certifip do may subject the certifier tdZ4gninal prosecution. n
Signed
State of 0
County of
Subscribed and sworn to (or affirmed) before me on this _!I_ day of,5U 6. , 20_15 by ybN�5 L. pl/O�6AU11P Z rZ
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Notary ublic Seal JESUS ORTIZ
Y COMM. #1969100 m
NoInN tar
PW�Ca nls
LOB ANULES COUPRV
W
0M Cam B 9. 2010
City of Santa Ana RFP 15 -044
Page 28
(A4) Acquisition /Relocation
APPENDIX
ATTACHMENT 3 -2: NON - LOBBYING CERTIIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL RIGHT OF WAY SPECIALTY SERVICES
RFP NO.: I5 -044
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and
belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in cormection with
the awarding of any federal contract, the matting of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure
of Lobbying Activities ".
This certification is a material representation of fact upon. which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
1352,'Fitle 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of
this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify
and disclose accordingly.
Firm Epic Land Solutig," Inc.
Signed and Printed Name:
Title Vice President
Date 06 -04 -15
City of Santa Ana RFP 15 -044
Page 29
L.
(A4) Acquisition /Relocation
APPENDLX
AT7 AC,d3WNT 3-5: NON - DISCRIMINATION .CETdWICATION ;.
CERTIFTCATIO 8
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL RIGHT OF WAY SPECIALTY SERVICES
RFP NO.. 15 -044
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
The Consultant shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Consultrant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to; the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the
Consultant, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he /she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of the Consultant's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole
or in part and. the Consultant may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or
as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
City of Santa Ana RPP 15 -044
Page 30
September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the
administering agency may direct as means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened
with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the
Consultant may request that the United States enter into such litigation to protect the interests of the United
States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended,
No discrimination shall be made in the employment of persons upon public works because of race, religious
creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such
persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject
to all the pen=impose d for a violation of the Chapter.
tej Signed:
Title: Vic President
Finn: Epic Land Solutions, Inc.
Date: 06 -04 -15
City of Santa Ana RFP 15 -044
Page 31
EXHIBIT D
ADDITIONAL PROVISIONS
EXHIBIT10 -H
Specific Rate of Compensation (Use for On -Call or As- Needed Contracts)
Consu pant or Subconsulta nt: EPIC LAND SOLUTIONS, INC. Contract No. RFP#aS- 044 -(A4)
Fringe Benefit% + Overhead% + General Administraton% -
50.79% 69.98% 45.79%
BILLING INFORMATION CALCULATION INFORMATION
Date: 6/8/2015
Combined Indirect Cost Rate (ICR) %
166.56%
FEE %= 10%
Name /Job Title /Classification
Hourly Billing Rates
Straight 07(1.Sx) OT (2x)
Effective Date of
Hourly Rate
From To
Actual Hourly
Rate and /or
Average
Hourly Rate
%
or$
Increase
Hourly Range -
for classifications only
Ron Widc5 PmjecC Mana ar
$155.05
N/A
NIA
97/1/2015
8f3 201
0%
N/A
$159.70
N/A
N/A
W21201 2016
8/31/2017
$54.47
3%
N/A
164.50
N/A
N/A
9/1/2017
8/n/201,
$56.10
3%
N A
$169.43
N/A
N/A
9/1/204
8/3.1/2019
$57.78
3%
N/A
$174.51
N/A
NIA
9/1/2019
8/31/202C
59,52
1 3%
N/A
Karen Starr Certified Property Manager
$1,55.05
N/A
N/A
2/17/2015
2 16 2016
LW' 8
D%
N/A
159.70
N/A
N/A
2/171201
2/16/2017
$54.47
3%
N/A
164.50
N/A
N/A
2117/2017
2/1612018
$56.10
3%
N/A
169.43
_.&A
N/A
2/17/201
2/16/201
$57,78
3%
N/A
$174.51
N/A
N/A
2/17/2019
2/16/20
59.52
3%
N/A
CharlesJones, Sr. Acquisition Agent
$135,03
N/A
N/A
2 17 2015
2 16/2016
0%
N/A
N/A
N/A
2/1.7/201
2/16/201
$47.43
3%
N/A
.._
$143.25
N/A
N/A
2/17/2017
2/16/2018
48.85
mm 3%
N/A
$147.55
N/A
NN
2/17/2018
2/16/20191
$5032
3%
N/A
151.97
NIA
_
N/A
2/17/2019
2/16/2020
$51.83
3%
NIA
Eva Polizzi ROW Analyst
$72.60
N/A
N/A
2/17/2015
2/16/2D16
- -
0%
N/A
$74.78
N/A
N/A
2/17/2016
2/16/2017
25.50
3%
_
N/A
$77.02
N/A
N/A
2/17/2017
2 116/2018
$26.27
3%
N/A
$79.33
N/A
N/A
2/1712018
2/26/2019
$27.06
3%
N/A
$81.71
N/A
N/A
2 17 2019
2/16/2020
$27.87
3%
N/A
Kathy Cabanilla Relocation Agent
$81.75
N/A
N/A
2 /17/2035
2/16/201
_- .�
0%
N/A
$84.20
N/A
NIA
2/17/20161
2/1612017
28,72
3%
N/A
$86.73
N/A
N/A
2/17/2017
2/15/2018
29.58
3%
N/A
$89.33
N/A
N/A
2/17/201
$30.47
3%
N/A
$92,01
N/A
N/A
2/171201
2/16/2020
$31.38
3%
N/A
Jesse. Crth, Relocation Agent
82.69
N/A
N/A
2/17/2015
2 {16/2016
-
0%
N/A
85.17
NIA
N/A
2/171201
2/16/201
$29 .05
3%
1 N/A
$87.72
N/A
N/A
2/17/2017
2/115?12018
$z9.92
3%
/A
$90.35
N/A
N/A
2/1712018
2/16/2019
$30,81
3%
_N
N/A
$93.06
N/A
N/A
2/17 2019
$31.74
3%
N A
Marta Martinez Pro ect SUphore
N0.63
N/A
N/A
2 1712015
2 /16/2016
0%
N/A
_
$83.05
N/A
N A
I7/2016
^
2/16/2017
$2833
3%
N/A
$85.55
N/A
N {A
__I
2/17/2017
2116/201
$29,17
3%
N/A
88.11
_ NfA_
NIA
2/17/2018
2/16/20
$30.05
_
3%
_
N/A
90.75
N/A
N/A
2/17/2019
2 16/2020
$30.95
3%
N/A
Marla Perez, Admin
S30.79
NIA
N/A
2/17/201
2/16/201
_
0%
N/A
$31,71
N/A
N A
2/17/2016
2/16/2017
$10.82
3%
N/A
_
$32,66
N/A
N/A
2/17/2017
2/16/20
$11.14
3%
N/A
33.64
N/A
NIA
2117/2018
2 {16/2019
$11,47
3%
NIA
34.65
- N/A
N/A
2/17/2019
2/7.6/2020
$11.82
3%
N/A
Bryon Johnson AdmIn
___148.38
N/A
N/A
?Z17120:15
1G 2016
_
U%
NIA
$49_$3
N/A
N/A
2/.17/201
2 16/2017
3% m�
N/A
$51.33
N/A
N A
2/,V/20
2 16/2018
,$17,00
$17.50
9%
N/A
$52.87
NIA
N/A
. 2/18/2019
$18.03
3%
N/A
_
$54.45
N/A
N/A
2 16 2020
$15.57
3%
N/A
V2�/117
Michele Wachtfn el Contract Administration
90.22
N/A
N/A
2/16(2016
- =
0%
WA
N A
_N /A
2 16 2017
31.69
3%
N/A
_
$95.72
N/A
NIA
2 12017
2/16/2018
$32.64
3%
N/A
98.59
N/A
N/A.
2/171201
2/16/2019
$33,62 T
3%
N/A
101.55
N/A
__NIA
2/171201
2/16/2020
$34.63
3%
N/A
Juliet Cartolano Bud et& Financial Controls
$91.53
NA
N/A
2/17/201.5
2//62016
2
0%
N/A
94,38
N/A
N/A
Z/17/201
2/16/201
32,19
3%
N/A
97.21
NIA
N/A
2(17/201 7
2/16/2018
33.15
3 %�
N/A
$100,13
N/A
NL,
2(17/2018
2116/201
P�$34.15
3%
N/A
103,13 __N/A
N/A
2/17/2019
2/16/2020
$35.17
3%
N/A
EPIC LAND SOLUTIONS A-2015-161 REVIEWED BY
EUNICE HEREDIA (PG 1 OF 5)
EPIQLAN-PI ROSEM
CERTIFICATE OF LIABILITY INSURANCE 1
GATE (MMIDDIYYYY)
811112015
THIS CERTIFICATE IS ISSUED As A MATTER. OF INFORMATION ONLYAWCONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,'THIS
CERTIFICATE DOES, NOT AFFIRMATIVELY OR NEGATIVELY AMEND; EXTEND OR ALTER. THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE Or INSURANCE DOES NOT CONSTITUTE A Q RACT BET-WEE I N I THE ISSUING INSURER(S), AUTHORIZED
NOT - i , q
REPRESENTATIVE OR Pkobucm, AND:tHE CE IRTIFICATEMOLDER,
IMPORTANT.-: If thel certificato'holder Is an ADDITIONAL INSURED, the po I licy(les) must be endorsed. If SUBROGATION It WAIVED, subject to
the terms and conditions of the policy, certain liql1cles may require an ohdorse'ment, A,staternent on this certificate does not conferrigots to the
certificate holder In lieu of such.endorsement(s).
# OE67768
IOA InsuranceSerAces
4350 La Jolla 'Village Drive
Suite POO
San Diego, CA 92122
I T Erica Wilson
NAME
_NAME'
PHONE FAX
ol. IMC, No): (610) 57476288
(AfC . Ext):
MAIL
EMAIL ErIq9.WII§qn@JoaUsa,cbM.
INSURER(S) AFFORDING COVERAGE
:NAIL*
INSURER ANedley'TO rd 6 Instiranc 1 0, G,o,m P my
20608
INSURED
Epic Land, Solutions
2601 Airport Drive Suite 1.1,5
Torrariqe, CA 90505
- rt t ur�an,
INsukiEka:Tra'nspo a i.on Ins Ce company
20494
MuI4Ekc:Columbia' Casualty Company
31127
INSURER 6,:
INSURSRE.,
$
INSURERS :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER;
THIS' IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURE ' D.NAMEDABOVE FOR THEPOLICY PERIOD
INDICATED. NOTWITHSTANDING ANY RM.11REMENT, TERM , OR CONDITION- OF ANY CONTRACTOR: OTHER DOCUMENTWITH RESPECTTbvvHICH'THIS-
CERTIFICATE: MAY BE ISSUED OR,MAY PERTAIN,. THE INSURANCE AFFORDED BYJHEPOLICIES DESCRIBED HEREIN Is SUBJECTTOALL THETERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES -;.LIMITS SH0VVN MAYHAVE BEEN REDUCED.BYPAID CLAIMS.
INSR
TYPE OF INSURANCE
AVUL.
INSD
�SLAiKl
WVD
POLICYNUMBER
P.DLIGYEFF
(MM/DD[YY Y)
POLICYEXP
IMM DDYYYY1
LIMITS
.LTR1
A
X
commERCIAL.. ENERALLIABILITY
EACH OCCURRENCE
$
CLAIMS-10A DE OCCUR,
4_031022253
1.0/911/2414
10,1011201,5
�IJAIIIAI,1 IIJ
PRE �S (F Oucun�mco)
�MISF
1,000,000
MEDEXR(Anyonaperson)
$ '10,000
Cent Liab/Sev of Int
X
No C,q, Owned Autos
PERSONAL & ADV INJJRY
$ 2,000,00 o
G I EN'I.AGGREGATEILIMITAPPLIESPER:
POLICY M JPERCO
T LOC
GENERALAGGREGArE'
$ 4000,000
PRODUCTS-coMP& AGO
$ 4000,000
Deductible
$
OTHER:
AUTOMoBiLE
LIABILITY
$0 M INEDSINQLE.L,IMIT
$ 1,000,000
A
AUTO,
403,10.2122.53
101011120114.
10/01/2015
BODILY INJURY (Per person)
$
IANY
X
ALL QVMED SCHEDULED'
AUTOS AUTOS'
11 NO.N-0,MED
HIRED AUTOS AUTOS
BODILY INJURY I (Peraccident)
$
PROPERTY DAMAGE
Per accident)
$
X
UMBRELLA LJAB
OCCUR
EACH OCCURRENCE
0,000,000
R
EXCESS LIAS:
CLAIMS-MADE
6014253989
10101/2014
10101/20I5
AGGREGATE
6,00000 0
bLO I X I RETENTION.$ 0
$
A
WORKERS COMPENSAMON
AND EMPLQYERS'LIABLITY
ANY P'ROPRIETORIPARTNE I R/EXECUT IVE YIN
OFFICER /MEMBER EXCLUDED?
"Mandatory In NH)
If y05, dos6rbe t radar
DESCRIPTION OF OPERATIONS bblov4
NIA
5094617861
110/101/2014,
10/0112015
X PER 01H
ER
E ,L. EACI-jACCIDENT
$ 1 1,10 . 00,060
E.L. DISEASE - EA EMPLOYEE
. ..... ...... ..
$ 1;000,00 C
E;.L- DISEASE'- POLICY -LIMB'
$
Q.
Prof Li.ab/Clrrrs Made
RSE42315461514,
101,01 /2014
10101/2015
Per Cla im 2,000,000
C
Ded.'$25k Per Claim
RSE42315461514
10/01,/20 . 14
10/01/2015
Aggregate 2,000,00 o
)EscRiPTION OF OPERATONs'l LOCATIONS I VEHICLES (ACORD 161, AddItIonal Remarks Schedule, may be attached I If more spacq Is requIred)
Re: All Operations:
City of Santa Ana, its offerers, employees, agents, volunteers and rePresentativs, are Additional Insured's with respect to General Liability per the attached
endorsement as,required by written. contract. Insurance Is Pri-mary.and N,on-Contributory.
30 Days Notice of -Cancellation With 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
City of Santa Ana AUTHDRIZED REPRESENTATIVE
20 Civic Center Plaza (M-21)
P.O. Box 1988
ISanta Ana, CA 92702-
1988-201,4 ACQRD CORPORATION. All rights.reserved,
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
EPIC I-AND SOLUTIONS A-2015-161 REVIEWED BY: EUNICE HEREDIA (PG 2 OF 5)
CAMPolicy.Number: 4031022253
, (Ed, 0011 '613)
Namedinsured: Epic Land Solutions, Inc;
IM - P O.RTANT�TH(SE.M..DO.R$..E,MENT- -C NT.AINS,,DUT.IE'.STWA,PPL'YTO,T"E,,AD.PITIONAL
INSURED IN THE t VENT .OF U JC'E OIFFENSEi CLAIM OR -SUIT�..SEET RAGRA
QCQ'RRE,N
A PH
C. bPTH'1S,'EN0 SEMV- F" 14 ESE DUTIES,
tHlt ENDOk8EMENT CHAN.btS NEP60CY.`.'. PLEASE .READ McAftEFOLLY.
This endorsement modifies insurance provided unclerthe following:
BUSINESSMNER8UABILITY COVERAGE: FORM
BUSINESSOWNERS"COMMON PIOLICY CONDITIONS
A. WHO I& AN 1NSURED,
Busihb includes insured Liability Come
to J., � , , - ." - ured a
1. 1 0 1 y
I :
w
you Poe reqal -�,rrqd t6, add
..- --
on this policy under a wrift
be:
lCtib�iri Gj of` th& 4 The sura1ce prov'de W:t Nl e - 6dditlb, n0l Jnsur6d
�e :Form is amended does hot app!y, t0 ' "bodily y inju p, op t
ir$bn or organization
d in arising
ompgQ, P%:K 0, advertising - )4�y -.0- 9
an ad0j'WnOl. irispred Out of architects 6n or s�urve o"
,-gineef,si. y rs
pqntrqq :or' Written rood' ilntpfqr faillurp tQ any professional
contract or wriften services including:
1. :Currently in effector becoming . effective Ju . r - iq , g the I
term offfiis Pblidy, and
2. Executed p,rIbr to 11)e� `Wdlly- ln.juk'"
y, , "property':
or "personal and advertising 111puly''It
Q. T46'j,d8qr-1rfce provided tb the additional. insured is
fed inllt
, � ,Ps to 1P s;
That person or qr: g PnjZ6 flon is
�po ai .. t-
io al
insured Isolely,for 11#1-11tW due ito your n-e- g- lig"e'n' c'
e
specificaly resulting from "your work"
for the
a I dditi6riali'; insured which is the subject. of; the
written contract or 'Written iagre'ement No,
coverage b'pPlJ_ b8jb - lliability ay . . ;res61tiqY'
JrbmjhQdQje
neg1 igeapp' fbq: d6fi- -Ij insur ed
T-116. Urn ; lts 'of InWrancO ap'plicalJ16 to -the
additional: inswed are those -speqified- in the
written contract or written .agreement . or in :the'
D,ebl6ratio'hs- of this, pollc,�-, whichever is less; Th es 6.1-irrill:6 of-Ins, 0"i-ance are ftlu§'V6. of, Ond'n I ot
in Itorf to , the1lmjts�of Insdi-pnoo'sho-W-11 in,!,e,
Od., I th
Declora06n&.
3. The' co provided
verage to the .,additional 'insured
within. thlis . endorsement. section. titled.
OA'411LITY' AND' MEDICAL 8X I EN 8 E
DEFINITIONS - "Ins:ured Coritrket" .(Sa6tibn
FR) within the Businessov
vneirs Liability Pbvdraq
Form, does not apply, to "bodily liijuryU Oil "property P
,
.damage" arising out. of the "Produbt5-c6rTipleted
operations: hazard" tinless re.q,Lli'rQ,d by the written
contract or written: agreement.
SB-146968-/k
(Ed. 01j06), '
a. The preparing a ;,�
- pproving,or,fallingto. prepare
or approve reaps, shop: drawiqqs, boinioftl
repd.4.j surveys; field *ders, phange, ord6N
or driak'.j gs :-d a :
q by any
-,I aI r.thit. eI cI.t . I engineer .10 r surve.y
ser O vines on a project, of - Which
you serve as
construction manager,, or.
b. :Inspedon, supmlsion ", quality: control,,
OnEdinberihg lbr architectural s6rviobs.-, dbne-�b
by
,y . 0 1 u on. . a project of Which r e
you serve ;a
,construction t,ona,qer,
This. 1,risaranob -does not apply injury,'' "property or "personal and advefflMrig
injury" a rsin qputpfig
a, The construction; or demolition woe, I k whk I e ; 'you
are acting as a construction' or., demolition
bo4 r t o r, This excilusion d es not apply to
work don f b
e� bror lay at your premises.
G. BVISINESSOWNER5 GENERAL LIABILITY.
QONbiTIONs - Duties In " The.Event of Occurrence,,
rise,, Claim or suit t(Section E.2 of' ' 1 1 he
, Liability Coverage Buslnossft me rs , , I I ge Form is amended
to add ,the fallowing; ility a
r
An additional insured under this endorsement will as
.soon as practicable.:
11, Give written notice of an occurrence or an: offense
to Us which' may result in a, claim or "sult`undOr
this Insurtin,co,;
Paga 1 of 2
EPIC LAND SOLUTIONS A-2015-161 REVIEWED BY: 44 EUNICE HEREDIA (PG 3 OF 5)
S13-11469-68A,
be dqf rispond I. , emnity of any cWm "or
slulf' to us for" a loss we cpvOr under t, h
Is:
Coverage
31, Tender Me defense.:and indemnity of any claim or
"suit"' `to any Other Insurer which also has
insurahce'.for a loss we -06vdr under this Coverage
Part, and,
4. A0 ree; to :mokO,� avallab,16 any Other' insurance which; the additional Insured has for Z loss We
pqvqr'1qnd,er this Qo.verag,e Oart.
We h defend, or i-ndernpif',
yan additional
insured under this endorsement. until we receiv.e,
written noticebf, a alalm tr- "suit": from the additional
insured..
of th
D. OTHER INSURAME. (S.60166 H. 2 e
nfon F [idy Odri,'d(tlons are
deleted and replaced ,WIth't 6t 11 1'
h qW, ng:
n 0l any a : h einsurance-
naMinp the a d[figro q I
_ Jnqqrpd, pq on Jris�prqd
whether primary,, excess, contingent: or on any
other basis unless a.- -written contract, or written
agreomen t sped a 11y requi- r s that'thjs insurance
qlthqr* ppffidry or 0orrary ;an nonpoinra, Jn
d tbut''''g
to thq addjtiomal, in, - d'
$pre_,s Own, coverage,. This
insuronp any or - 'I I Ir to
e� is excess over' any �m. j suranGe. p
which the additional insured ha's, been added -as,
an additional insured by endorsement,
3. When this:, insurance is 1 excess,
we will have ,no,
duty cinder - Qbverb,ps, A. Or B to defend -the
additional, insured ed ' agbihsj.bny "suit" if any other
i I nsuror defend file additional, insured
a:6-146968-A
(Ed, -011016)
t't aC!s,ult`:Ifnp:
agains h other [risurer'ddil" d
Nye
will undertake,- to, do- so � w
1j, but; will be entitled to
t I he. ladditional . :insured's rights ts againsi all -those
other insurers.
When -this insurance, is excess over other
insurance, we Will pay only our share -.of the-
loss, any, t� , -Ahel-s r-
almdont of 1he If:` that. exceeds , Urn,
a such The'tb.t I amount that s.", h, other ii1spronce
would I ppy,jor the loss in the absence 1 :.Qf� Iffifs
insurance; and
b) The total of all deductible and self-insured
'amounts underalt1hat other Insurance,
We Will share the remaining, loss,. if any-; with any
other insurance. 'that` Is hot d6sr d bed 'in
this
X 1. 11 s Insurance . 1 'provision and was net' hpuqbt
SpetifiC811y'td! apply! In excess ,of the drriitSi-: of
own, t
[nsurance shown -in The DecIpra lono of s
Coverage,-Part..
E. TRANSFER OFRIGHT8 OF RECOVERY AGAINST
OTHERS. TO US (Section K.24 of' the
BU§Inbs$6wrib rs. Cot Mon Policy Conditions I d 11. 11
, is el6t
and regla0d,W ith"the following:
2; V
V�4 waive any right of recovery W6. may have
against
I I pers
on orbr 9. an, iza ion against -wha m
yp
have agreed tp waive such, right of recovery in a
written con t ract >or agreement_
beca6se� of �pqymenIs
we make for Injury or damage arlsing out of f. your
ongoing, operations: or "your work" jdone under a
contract with thlt
lalpe I rs . on - o . r I � organization and:includoO
With in; the. "products completed operations hazard.",
Page: 2 of 2
EP1,C LAND SOLUTIONS A-2015-161 REVIEWED BY EUNICE FIEREDIA (PG 4 OF 5)
Exclusion. Verifica - t1on Form Disclaimer
This is: fo emphasize that insurance brokers cannot legally verify whether apyerame will
exist :,u,ndolr-all, Possible circ.-U.m,.s.f,an..c.e§ with .re r
regard d to: a ny given policy :of
Insurance. insurance brokers are not allowed to modify, ;amend org para Intpe
coverage provisions, or ass.umptio.ns under any written contract where, verifi.cation from
a. broker may be sought,, Brokers can provide certificates-ol insurance to address,
,various general categories of insurance coverage as geherally.0pt fod.h in 'the attached,
sample ACORD,statdimenf. Furthermoto, brokers do. not .make the final determinations
of coverage In'the event o a ot
of claimi at s6rhO hyPOthetic 1: p hf in the fufui-6. Any
modifications suggested. bycihyVOeifi't'pdq"uo*sfi'q'nnair.e.Will6n!yr!el5,tesehf,thd
reasonable opiniorof an1ndividual J hsurande broker sUbjedfltb the sfdnddtd1df care
observed c y; simi ar insuraned , 'b r kers providing siirr# rtervic es,fo f he ir ceh !s.in th e
design and consulting .c6mm' unity, dt:the time and in" the jurisdiction w-hdee'fh ei,
verifiaaltion is n�Iade You should alsi� -;be advised #hatinsurance laws and regulations
vary fr6.m', state fostate. Incoriclusl6hdrily verification which attempts tomodify
coverage of the underlying insurance producHn any way is of no effect and void.
EPIC LAND SOLUTIONS A-2015-161 REVIEWED BY: EUNICE HEREDIA (PG 5 OF 5)
ADDITIONAL INSURED' ENDO I R8EMENT
FOR COMMERCIAL GENEML11ABILITY PO I L I IC I Y
Insurance Cotn.pan,y 'CNA,
This endorsernent modifies such insurance as is afforded 'by the provisions. of 1?61icy
relatilig,lo the fol I I oAing111;1:
L The City. of Santa Ana
,O Civic tenter plaza, Sa MaAna, 61ifor =i
9270.1y its
officerg,.,pmployoes, agent volunteers and representatives are named, asadditional insureds,
("additionaLinSUredO
with regard to liability and defense of spits,avising.f,pm the, operations
and -tise§ performed by or oft. behalf of the.hambd his UrM.
I With respect to plairns arising out 9filhe operations and .us,es -.performed by ot,ojz
behalf of the .named insured,sud insurance asis4fT6,rded,bylthis policp s primar
aadJ.s not.
additional to or contributing, with any other insurance earried.by or f6rthe benefitofthe
-additional in8tireds.
This insurance app i
es separately to each 4isure d , ,g ain whom.clairn is.inad
suit 'is broughtexpept with ,respect to the company's limits .!of.liability. The inclusion, of ally
person or organization as an insured shall not affect any tight which such pe rson or organizatim
would have as a claimant if :not, so:.Indl utddd.
4. pith respect. to. the :additlonal insureds, this insurance shall not be cancelled, or
materially reduced in coyerage or limits except after thirty (3Q) days written, notice has o been
given to the City of Santa Ana, 20 Civic -Center Plaza, Santa Ana, California 92'701.
(Completion of the 'tollowing,'including. 'c igtire, is required ounters' t i 'red to make this ehdoesement
na
Effective 10/'1/14, I .
Policy"
Issued to Epic Land SolutioTis,
this endorscmcnt foam as a part of
Countersigned by-
" .:..Authorized Reprm-ritative,
dy
f pp,,
EPIC LAND SOLUTIONS A- 2015' -161 REVIEWED BY. EUNICE HEREC7I�PI LCAf� 01 �� RC7
E SEM
A9— "M"' BATE (MMODNYYYl
I`,,,,�,.,.,r CERTIFICATE 4F LIABILITY' INSURANCE 1011412015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Jes) must be endorsed. If SUBROGATION IS WAIVED„ subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER License # OE67768 AMECONTACT
NAME. Dana 5chvwartz
N
IDA Insurance Services PHONE _..._ lFAX
4350 La Jolla Village Drive IA rip,.. 81(619) 574 - 6220 1._lavc, Qd_(619) 574-6288
Suite 900 EMAIL Dana.Schwartz@ioausa.com
ADDRESS;
San Diego, . CA 92122 _.__ .—__ _ - -- - -
INSURED
Epic Land Solutions
26011 Airport. Drive Suite 115
Torrance, CA 90505
Valley Forge Insurance Company 20588
INSURER B;
INSURER C:T ansportation Insurance Company 20494
INSURER E ;
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER;:
THIS IS TO CERTIFY THAT TIME POLICIES OF INSURANCE LISTED BELOW k -AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFF g.�- PaLICV " X(��'..0 .......
TISFt. �'...�. - _ ADD BR g
LTR TYPE OF INSURANCE p...wVD POLICY NUMBER. MWDWYYYY i 1,10XI YYYY' LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 2,000,000
.�__y�..�
11 X
4031022253 1'..,0101120151
10/01/2016
_ .. -.
..w.......-
1,000,00
CLAIMS -MADE OCCUR
PREMISES (La occu omq®
$
X
Cent Liab /Sev of Int
IvIED EXP (Any one person)
$ 1 0,000
X
No Co. Owned Autos .
..
PERSOPJAL X ACV pN.11E1RW
$ 2,000,00
_GENT AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 4,0001,00
POLICY °� CT �I I -OC
PRQUUC'15 COMPAQP AGG
$ 4,000,00..
Deductible.
$
OTHER: U
I
AUTOMOBILE
LIABILITY
j
p
II
COMBINED SINGLE LIMIT
(Ea' eCCI'�osnt
$ 1,000..,00
A
ANY AUTO
4031022253
10/01/2015
1010112016
BODILY INJURY (Per person}
._
S
ALL OWNED SCHEDULED
AUTOS AUTOS
!i
BODILY INJURY (Par accident)
S ... _ °.
X
°OS X, WON- 0 -14E. ',,
'I
PROPERTY DAMAGE
S_.....°
HIRED AUl AUTOS
Pac aCCldP.nt
X UMBRELLA LIAR OCCUR
EACH OCCURRENCE
$ 6,000,000
�,
EXCESS LIAR CLAIMS MADE;
6014253989
1010112016'
10101!2016
.
AGGREGATE
.° 00
$ 6,000,000
UED... X I RETENTION$ di
WORKERS COMPENSATION
�r PER OT 1_
AND EMPLOYERS' LIABILITY YIN
._ _. _STATUTE ER
A
ANY PROPRIETOR /PARTNER /EXECUTIVE
.594617867
1010112015
1010112016
EL EACHACCIQENT
$ 1,000,000
OFFICERIMEMBER EXCLUDED? NIA
(Mandatory In NHI
_- ,........-
EA. DISEASE - EA ENIPLCYEC.
-
.
$ 1,000,000
If yes„ describe under'
DESCR'IP'TION OF OPERATIONS taalotw
...-
E.L. DISEAS
.............
1,000,000
-
DESCRIPTION OF OPERATIONS I LOCATIONS f VEMCLES (ACORD 161, Additional Remarks Schedule, may be attached If more space is requlrciU
Re: All Operations
City of Santa Ana, its offeders, employees, agents, volunteers and representative are Additional Insured's with respect to General Liability per the attached
endorsement as required by written contract. Insurance is Primary and Talon- Contributory.
30 Days Notice of Cancellation with 10 Days Notice for Nan - Payment of Premium In accordance with the policy provisions.
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
SHOULD ANY OF THE ABOVE DESCRIBED' POLICIES BE CANCELLED BEFORE.
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
. �Wka
CC 1988 -2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
EPIC LAND SOLUTIONS A-2015-161 REVIEWED BY: E(JNICE HEREDIA (PG 2 OF 4)
crAfA Policy Number: 4031022253 5B-146968-A
Named Insured: Epic Land Solutions, Inc. (Ed. 0-1106)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH
C., OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED! ENDORSEMENT
WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINES$OWNERS LIABILITY COVERAGE rORM
BUSiNESSOWNERS COMMON POLICY CONDITIONS
A. WHO 13 AN INSURED (Section C.) of the
Businessowners Liability Coverage Form is amended
to include as an insured any person or organization
whom you are required to add as an additional insured
on this policy under a written contract or written
agreement-, but the written contract or written
agreement must be:
1. Currently in effector becoming effective during the
term of this policy; and
2. Executed prior to the "bodiiy injury," "property
damage," or "personal and advertising injury,"
B. The insurance provided to the additional insured is
limited as follows:
11. That person or organization is an additional
insured solely for lialloft due to your negligence
specifically resulting from "your work" for the
additional insured which Is the subject of the
written contract or written agreement. No
coverage applies to liability resulting from the sole
negligence of the additional insured.
2. The Limits of Insurance applicable to the
adcfitional insured are those specified In the
written contract or written agreement or in the
Declarations of this policy, whichever is less.
These Limits of Insurance are inclusive of, and not
in addition to, the Urnits of Insurance shown in the
Declarations,
1 The coverage provided to the additional insured
within this endorsement and section titled
LIABILITY AND MEDICAL EXPENSE
DEFINI'nONS — "Insured Contract" (Section
K9.) within the Susinessowners Liability Coverage
Form, does not apply to "bodily injury," or "Property
damage" wising out of the "prod ucts-co rn p lete d
operations hazard" unless required by the written
contract or written agreement,
SB-1'46968-A
(Ed. 01/06)
4. The insurance provided to the additional insured
does not apply to "bodily injury,,' "property
damage," "personal and advertising lnjwy'arlsing
out of an archliBcVs, engineer's, or surveyor's
rendering of or failure to render any professional
services including:
a. The preparing, approving, or failing to prepare
or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings and specifications by any
architect, engineer or surveyor performing
services on a project of which you serve as
construction manager,, or
b. Inspection, supervision, quality control,
engineering or architectural services done by
you on a project of which you serve as
construction manager.
5. This insurance does not apply to "bodily injury,"
"property damage," or "personal and advertising
injury" arising out of,
a. The construction or demolition work while You
are acting as a construction or demolition
contractor. This exclusion does snot apply to
work done for or by you at your premises,
C. BUSINESSOWNERS GENERAL LIABILITY
CONDITIONS — Duties In The Event of Occurrence,
OffO1180, Claim Or Suit (Section IEZ) of the
Businegsawners Liability Coverage Form Is amended
to add the following:
An additional insured under this endorsement will as
soon as practicable:
1. Give written notice of an occurrence or an offense
to us which may result in a claim or "suit" under
this insurance;
Page I of 2
EM LAND SOLUTIONS A-2015-16 EUNICE H EREDI A (PG 3 OF 4) 1 REVIEWED BY�
2. Tender the defense and indemnity of any claim or
"'suit" to us for a loss we cover under this
Coverage Part-,
3. Tender the defense and indemnity of any claim or
"sult" to any other insurer which also has
insurance for a loss we cover under this Coverage
Part; and
4. Agree to make available any other insurance
which the additional insured has for a loss we
cover under this Coverage Part.
We have no duty to defend or indemnify an additional
Insured under this endorsement until we receive
written notice of a claim or "suit" from the additional
insured,
1). OTHER INSURANCE (Section H. 2. & 3L) of the
Businessowners Common Policy Conditions are
deleted and replaced with the following:
2, This Insurance is excess over any other Insurance
naming the additional insured as an insured
whether primary, excess, contingent or on any
other basis unless a written contract or written
agreement specifically rectures that this insurance
be either primary or prim" and noncontributing
to the additional insured's own coverage. This
Insurance is excess over any other insurance to
which the additional insured has been added as
an additional insured by endorsement,
3. When this Insurance Is excess, we will have no
duty under Coverages A or B to defond the
additional 'Insured against any "suit" If any other
insurer has a duty to defend the additional insured
SB-146968-A
(Ed. 01/06)
SB-146968-A
(Ed, 01/06)
against that "suit" It no other insurer defends, we
will undertake to do so, but we will be entitled to
the additional Insured's rights against all those
other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the skim
of:
(a) The total amount that all such other insurance
Would pay for the loss in the absence of this
insurance-, and
(b) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, with any
other insurance that is not described in this
Excess Insurance provision and was not bought
specifIcWy to apply in excess of the Limits of
Insurance shown in the Declarations of this
Coverage Part.
E. TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US (Section K.2.) of the
Businessowners Common Policy Conditions is deleted
and replaced with the following:
2. We waive any right of recovery we may have
against any person or organization against whom you
have agreed to waive such right of recovery in a
written contract or agreement because of payments
we make for Injury or damage arising out of your
ongoing operations or "your work" done under a
contract with that person or organization and included
within the "prod L[CtS-COM pleted operations hazard,"
Page 2 of 2
EPIC LAND SOLUTIONS A-2015-161 REVIEWED BY� EUNICE HEREDIA (FIG 4 OF 4)
EPICLAN-01 MMWATSON
CERTIFICATE OF LIABILITY INSURANCE
_L_
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the POlicy(les) must be endorsed. If-S—UBROGATIO-N —ISWA—IVED,"—
the terms and conditions of the p subject to
olicy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
icato holder in lieu of such endorsement(s).
"T'"Cale holder
PRODUCER 5-N—TACT
-T -FF—AX
- Oklahoma City �TO—NF,--' —
NSURICA NAME: Mandy. Watson
5100 N. Giessen Blvd, #300 IACC � No_,x �-
,(49..5) 523-2100 A;q, 5)556-2332
DkIahoma City, OK 73118
INSURER(S) AFFORDING COVERAGE NAIL 9
iNSURERA:Houst(in Casualty Company 374
INSURED
INSURER B
Epic Land Solutions, Inc. INSURER C:
2601 Airport Dr, Suite 115 INSURER D:
Torrance, CA 9050,5
_LNSURtlR
F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSION .- S AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBP
LTR TYPEOFINSURANCE -INSD WVD POLICY NUMBER PbUI-CY EFF -175LICY�Xp
C MMrRC1AL GENERAL LIABILITY .(RWQq= _MWDI1I'fYYYy---- LIMITS
EACH OCCURRENCE $
CLAIMS-MADE 1-1 OCCUR --3AM-A=O-kr NT M---
jjnEAISE
S,(Ea
_!u FD EXP (Any one person} $
PERSONAL IS ADV INJURY $
GENT.. AGGREGATE UMIT APPLIES PER:.
GENERAL AGGREGATE
POLICY� PRO JECT LOG
PRODUCTS - CSIMPICIP AGG
OTHER:
AUTOMOBILE LIABILITY COMBNE6—SINGLELIMIT
ANYAUTO
BODILY INJURY (Perporsnn) $
ALL OWNE AD SCDULED
AUTOS AUTOS BODILY INJURY (Per accIdorit)
IAIRED AUTOS NON-OV''NEO
AUTOS PROPERTY D) AGE
UMBRELLA LIAR OCCUR
EACH OCCURRENCE
EXCESS LIAR CLAIMS-MADE
_AGGREGATE
LED RETENTION $
—W6RKERS COMF�NSATION
AND ENIPLOYERS'LIABI LITY I —P OR ---- T--1""6TH----
YIN J,ER
ANY PROPRIETORIPARTNERIEXECUTIVE , 7
OFFICERIMEMULIR EXCLUDED? WAI E.L. EACH ACCIDENT
(Mandatory in NH)
If yes, describe toder .-F-L DISEASE - EA EMPLOYEt
gt_qq!tIPTICIN OF OPERATIONS below ELOISFA�-EOLIC L!vM`11 $
715106625 01011204 - --
A Professional E&O 5 1010112016 Per Claim 2,000,000
A Professional E&O IH715106625 10/0112015 1010112016 Aggregate 2,000,000
DESCRIPTION OF OPERATIONS i LOCATIONS/ VE141CLES {ACORD 101, Additional Rarnarks SchedWe, maybe attached if more space is required}
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL 13E DELIVERED IN
20 Civic Center Plaza (M-21) ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 1988
Santa Ana, CA 92702 AUTH0RIZLU REPRESENTATIVE
0 1988-2014 ACORD CORPORATION. Ali rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks ofACORD